006-5 Wyo. Code R. §§ 5-3 - Authorized Expenditures from Local Government Insurance Account
Upon approval of the risk manager, expenditures from the local government insurance account shall be made for the following items and under the following conditions:
(a)
For claims which have been settled or reduced to final judgment as set forth in
W.S.
1-42-103(c).
(b) Unless the act or omission upon which a
claim is based is determined bythe court or jury to be within the public
employee's scope of duty, no funds shall be expended from the local government
insurance account in payment of the final judgment against the public employee.
This paragraph shall not apply to cases which are settled prior to
judgment.
(c) The local government
insurance account shall be limited to payment of no more than five hundred
thousand dollars ($500,000.00) for any one (1) occurrence plus loss adjustment
expenses. Participating local governments shall be responsible for the amount
of any adjudicated claims and expenses in excess of this amount.
(d) Not withstanding any other provision of
this act, no expenditure shall be made out of the Local Government insurance
account in any action to pay any claim or final money judgment for exemplary or
punitive damages.
(e) Nothing under
these rules or the certificate shall be deemed to:
(i) Increase the limits of liability under
W.S. W.S.
1-39-118 for claims brought under the Wyoming
Governmental Claims Act;
(ii)
Affect the liability of a participating local government or any of its public
employees on any claim arising out of the same accident or occurrence;
or
(iii) Waive the protection of a
local government or its public employees from liability where immunity has not
been specifically waived.
(f) Nothing in the act, these rules, or the
certificate of participation shall be construed as subjecting the local
government insurance account to the laws of the state regulating insurance or
insurance companies.
(g)
Self-insurance provided under this act shall not be considered a purchase of
insurance coverage and shall not be deemed an increase of the limits of
liability under W.S. W.S.
W.S.
1-39-118(b).
(h) If other valid or collectible insurance
is procured by a participant covering a loss also covered by LGSIP, the
coverage provided under LGSIP shall not be excess of and shall not contribute
with such other insurance. Participants may procure excess insurance. Nothing
contained herein shall be construed to make these policies subject to the
terms, conditions and limitations of other insurance.
Notes
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